Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-08
INFOR NATION
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OWNERS AND L0CAT0RS
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MI M ES .
APPLICATION FOR PATENT.

APPLICATION FOR PATENT,
Where papers have once been filed with tho
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to tho Gen
ersl Land Once.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
S~econd-The notice was not published In o
new spsper designated a. published nearest the
claim.
Third-Record title was found defective.
and
Fourth--A previous application had been
made for the same promises, which was with
drawn pending u suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions of Q claim, application for
patent may be made by either for tn 81 portion
Of the claim owned by him. but where soSersl
parties own undivided interests in : mining
claim sll should join In an application for q
patent.
A person or association may purchase %
many placer locations as the local law admits,
and embrace them sl In one application for q
patent.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport
ing to act % q deputy for the Register and Re-
ceiver cannot be recorded - evidences.
In all patents for mining claims situated
within the interior boundaries Of o town site
-
ell town property, rights upon the surface,
and all houses. buildings. structures. lots.
blocks, streets, alleys or other municipal i'm
provements not belonging 70 the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made a only
one newspaper for the period of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 80 days must elapse between the
frat and last insertions.
Where the Register designstes the q aily issue
Of q newspaper for publication OF notices of Q
mining application for patent 10 10 not Q COM
pliance with law TO change to the weekly edi.
ton Of the same paper without authority Of
| the Register.
The existence OF q salt spring on Q tract OF
land withdrsws IL from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of such land IL not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle Q separate and
distinct claim against each application which
1t IL alleged conflicts with the premises owned
| by such adverse claimant.
The papers IN an adverse claim, once nled,
cannot be withdrawn, but becomes q part Of the
| record.
When an adverse claim has been fled IL can.
| not be amended 20 as to embrace . larger per.
ton Of the premises than that described In the
| original adverse claim.
| An adverse claim must be made out in
proper form and hied In the proper local ofice
| during the period OF publication Of the appli.
cation for the patent TO be effective.
It IL the Outs OF the adverse claimant Q
commence suit in proper form within the re.
| quired time. and II he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
| the failure to commence suit be the result OF
| the corrupt or dishonest action of his attorney,
the Interior Department caunot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
Ing conclusions OF law. without stating the
facts specially. will not be considered In evi.
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and In regard to expenditures, and shall nie o
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
| alleged.
An allegation of parties to q suit that they
| compose the company 10 sufficient, and they
are not required to prove that they are IL.
original locstors or tine identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LAxps,
Where land ia Of little. II any value, for seri.
cultural purposes, but IL essential to the
proper development Of mining claims, IL
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled 81 any time
prior to issuance Of patent, upon satisfsctory
evidence Of the existence of such valuable de-
posits.
Where valuable deposits Of mineral ere dis.
covered upon . tract sitter the sam ias been
uttered as agricultural. but before Aent has
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry will be cancelled 20
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
issued to an Agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
cetved In payment for claims.
| ALIENS.
A foreigner may make 3 mining location
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not o citizen before disposlnR of his
claim must be afirmatively shown.
Locstors and intermediate owners, other
than applicants. will not be presumed aliens,
In the absence Of allegation or objection prior
TO issuance Of patent.
The portion Of q mining claim sold to an
alien cannot Dc patented while suoh owner IL
an alien; but on his declarstiont Q become 4
citizen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his clsim.
CROSS LxDoEs.
Revised Statutes. Section 2,336;
Where two or more lodges cross or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled to eli ore
or mineral contained within the space Of inter
section, but the subsequent location shall have
the right OF way through the space OF inter.
section for the purpose Of the convenient
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